Pedestrians are the most vulnerable people on our roads. No airbags. No seatbelts. No steel frame to soften the blow. Just human beings—parents, students, workers—struck by vehicles in crosswalks, school zones, or even sidewalks.
And in cities like Detroit, the risk is even greater. Poor lighting, neglected intersections, speeding cars, and distracted drivers all collide to create deadly conditions for pedestrians. Every year, dozens of people in Michigan are killed just trying to cross the street. Hundreds more are injured—many for life.
It’s easy to blame the victim. “They should’ve looked both ways.” “They were wearing dark clothes.” But let’s be honest—when drivers don’t pay attention, pedestrians pay the price.
At Marko Law, we don’t let that slide. We fight for the people hit hardest—because they’re often the ones most overlooked. When insurance companies downplay injuries or try to blame you for getting hit, we hit back. Hard.
Michigan Laws That Protect Pedestrians
Michigan No-Fault Act (MCL 500.3101 et seq.)
Even if you weren’t driving, you’re still protected. Michigan’s No-Fault law provides Personal Injury Protection (PIP) benefits to pedestrians struck by motor vehicles. That means:
- Coverage for hospital bills, surgeries, and rehab
- Lost wages if you’re unable to work
- Replacement services (e.g., help with household tasks)
And here’s the kicker: You don’t need your own auto insurance to qualify. If you’re hit, PIP benefits come from the at-fault driver’s insurer or, if necessary, the Michigan Assigned Claims Plan.
Comparative Fault (MCL 600.2959)
Even if you were partially at fault—like jaywalking or crossing outside a crosswalk—you can still recover damages.
Michigan uses a comparative fault system, which means your compensation is reduced by your percentage of fault. But unless you’re more than 50% responsible, you still have the right to recover.
Pedestrian Right-of-Way Laws (MCL 257.612 & 257.655)
Michigan law is clear: Drivers must yield to pedestrians at crosswalks and controlled intersections. Period.
- MCL 257.655: Drivers approaching a pedestrian in a marked crosswalk must stop and yield.
- MCL 257.612: Traffic control devices (like walk signals) must be obeyed—but failure to yield when a pedestrian has the right of way is driver negligence.
When drivers blow through lights or ignore stop signs, the law is on your side.
Wrongful Death Act (MCL 600.2922)
If a loved one is killed in a pedestrian crash, surviving family members can file a wrongful death lawsuit.
That includes compensation for:
- Funeral expenses
- Loss of companionship
- Future earnings and support
At Marko Law, we pursue these cases with urgency and compassion—because no family should suffer alone.
Gross Negligence
Michigan defines gross negligence as conduct so reckless it shows a “substantial lack of concern for whether injury results.” Source: Michigan Bar
Examples in pedestrian cases might include:
- Drivers texting at high speeds
- Blowing through crowded school zones
- Operating a vehicle while severely intoxicated
When gross negligence is involved, we fight for punitive damages—because some behavior deserves more than compensation. It demands consequences.
Who’s at Fault in a Pedestrian Accident?
Negligent Drivers
The most common cause of pedestrian accidents? Driver negligence.
Examples include:
- Speeding through intersections or school zones
- Distracted driving (texting, GPS use, eating)
- Failure to yield at crosswalks or traffic signals
- Driving under the influence of drugs or alcohol
- Rolling stops at stop signs or turning without looking
If a driver failed to use reasonable care—and you were injured as a result—they can be held liable for your medical bills, lost income, and pain and suffering.
Government Entities
Not every pedestrian accident is caused by a bad driver. Sometimes, it’s a bad intersection.
Municipalities and state agencies can be held responsible if:
- Crosswalks are poorly marked or missing
- Traffic signals are broken or poorly timed
- Street lighting is inadequate, especially in high-foot-traffic areas
- Sidewalks or curbs are crumbling or blocked
These are public safety failures. And while suing a government body is complex, it’s absolutely possible under Michigan law—especially when lives are put at risk.
What If the Pedestrian Shares Fault?
It happens. Maybe you crossed outside a crosswalk. Maybe it was dusk and you wore dark clothes. But even if you made a mistake, you may still have a case.
Michigan uses a comparative fault system (MCL 600.2959), which means:
- Your compensation is reduced by your percentage of fault
- You can still recover damages unless you were more than 50% at fault
So don’t assume you’re out of luck. Let us review your case. We’ve won for clients the insurance companies tried to blame.
Steps to Take After a Pedestrian Accident
Get Medical Help Immediately
Even if you think you’re “okay,” don’t take chances. Internal injuries, traumatic brain injuries, and fractures aren’t always obvious right away.
- Call 911 and let EMS evaluate you
- Go to the ER or urgent care
- Follow up with your doctor and document every injury
- Keep copies of medical records, discharge notes, and prescriptions
Your health comes first—but your medical records are also critical evidence.
Call the Police and File a Report
Insist on an official police report. It documents:
- The location and time of the crash
- Driver’s info and insurance
- Witness statements
- Preliminary determination of fault
Don’t let the driver talk you into “handling it privately.” Without a police report, it’s your word against theirs—and their insurance company will take full advantage of that.
Document the Scene and Your Injuries
If you’re physically able—or someone with you is—capture everything:
- Photos of your injuries
- Photos of the vehicle, license plate, and damage
- The street, intersection, signage, lighting conditions
- Contact info for any witnesses
These details can vanish within hours. Lock down your evidence early.
Don’t Talk to the At-Fault Driver’s Insurance Company
The driver’s insurer is not your friend. Their goal is simple: limit their payout—or deny your claim entirely.
- Don’t give a recorded statement
- Don’t sign any releases
- Don’t accept a quick settlement check
Once you take their offer, you can’t go back—even if your injuries get worse.
Call an Experienced Pedestrian Accident Attorney
Before you talk to insurance. Before you sign anything. Call Marko Law.
We’ll protect your rights from day one. We’ll handle the insurance games, gather evidence, and fight for every dollar you deserve. We don’t get paid unless you win.
Compensation Available for Victims
Medical Costs and Lost Wages
Under Michigan’s No-Fault system and tort law, you may recover:
- Emergency room visits, surgeries, physical therapy
- Future medical care, including rehabilitation and assistive devices
- Lost income, including future earning potential
- Replacement services (childcare, transportation, housework)
These aren’t luxuries. They’re what you need to survive, heal, and get back on your feet.
Pain and Suffering
If your injuries meet Michigan’s “threshold” for a serious impairment, you can pursue non-economic damages, such as:
- Chronic pain
- Emotional distress
- Loss of enjoyment of life
- Mental anguish and psychological trauma
These damages reflect the human cost of being hit by a car—and we make sure the insurance companies don’t ignore that.
Compensation for Permanent Injuries or Death
When a pedestrian suffers a permanent disability, loses mobility, or lives with disfigurement, their settlement or jury award must reflect that reality:
- Lifetime care expenses
- Loss of independence
- Home or vehicle modifications
- Long-term psychological therapy
If the accident resulted in a death, the surviving family may file a wrongful death claim, which includes:
- Funeral and burial expenses
- Lost future income and benefits
- Loss of companionship and emotional support
We pursue these claims with urgency, care, and relentless focus.
Punitive Damages in Reckless Driving Cases
In rare but egregious cases—like drunk driving, street racing, or willful indifference—punitive damages may be awarded. These are meant to punish and deter grossly reckless behavior.
We don’t just look for what’s obvious. We dig deep into police reports, criminal charges, and surveillance footage to expose the full extent of the driver’s misconduct.
You Didn’t Step Into Traffic—Someone Drove Into Your Life
Getting hit by a car while walking shouldn’t be a death sentence. It shouldn’t be a financial disaster. And it sure as hell shouldn’t be something you’re expected to just “move on” from without answers.
You didn’t choose this. But you can choose what comes next.
At Marko Law, we help pedestrian accident victims across Michigan reclaim their power. We take on the insurance companies. We investigate every fact. We tell your story—and we demand accountability.
Whether it’s getting your medical bills paid, fighting for pain and suffering, or filing a wrongful death claim for a loved one, we bring one thing to every case: the will to win.
Contact Marko Law for a Free Case Evaluation
📞 Phone: 1-833-MARKO-LAW or +1 313-777-7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: www.markolaw.com
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